Reading Comprehension

PT141 · S1 · P4 · Q26 Rectification of Past Property Injustice

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Passage A

Topic

Justice in property ownership and how it relates to Native American land claims in the U.S.

Framework

Answer / Explain (Passage A gives us a theory for evaluating property justice, and Passage B applies this framework to a real-world historical issue.)

Main Point

Passage A: A just system of property ownership depends on fair acquisition and transfer, and when past injustices occur, those injustices should be rectified by bringing current ownership into line with what would have happened if justice had always been followed. (Most valuable sentence: End of Passage A.) Passage B: The U.S. has a law (the Indian Nonintercourse Act) meant to protect Native American land, and a strong case can be made that, since Native Americans were wrongfully dispossessed, justice requires restoring land to them whenever possible.

P1 (Passage A): Principles of Justice in Property

This paragraph introduces two rules for justice regarding property: one about how you can initially own something, and one about how you can justly transfer it to someone else.

P2 (Passage A): Ideal Entitlement to Property

If everything was fair, ownership would only ever come from original acquisition or fair transfers—no other way would be legitimate.

P3 (Passage A): The Problem of Past Injustice

But real life isn’t so clean: sometimes property is stolen or taken unjustly. Here the author says we need a principle for rectifying this: by looking at history and figuring out what ownership would look like if no injustice had occurred, we should try to correct things now.

26.

The author of passage A would be most likely to characterize the purpose of the Indian Nonintercourse Act as which one of the following?

  1. legitimization of actual property holdings

    Unsupported: legitimize actual holdings

    The INA was meant to ensure there were legitimate transfers of actual property holdings, from Native Americans to non-Native Americans. But this answer is saying something more like, "the INA was meant to say whatever everyone currently has is legitimately theirs". It definitely isn't described as having that sort of mandate.

    5% picked this

  2. clarification of existing laws regarding

    Unsupported: clarifying laws

    The passage doesn't suggest that the INA made any tweaks or clarifications to existing transfer laws. This answer would be pretty good if it said, "enforcement of existing laws regarding transfer of property". We don't get the impression that the INA was changing property transfer, just making sure in the case of Native American land holdings, that everything was being transferred in a proper way.

    6% picked this

  3. assurance of conformity to the

    Bad Match: acquisition

    This answer seems like it would be correct if we just switched 'acquisition' to 'transfer'. Since the INA was meant to safeguard transfers of property against fraud / theft, we should be able to say that its goal was to "assure conformity to the principle of justice in transfer".

    14% picked this

  4. Correct

    prevention of violations of the

    Why this is right

    The INA forced Native Americans who wanted to transfer ownership of their lands to non-Native Americans to run it by the government. Why? Because, Passage A would say, "Some people steal from others or defraud them". Those would be violations of the principle of justice in transfer, and that's what the INA was hoping to prevent.

    Skill tested: Author Opinion · how this choice captures the passage's function is the move to repeat next time.

    51% picked this

  5. implementation of a principle of

    Unsupported: rectification

    The principle of rectification, as applied to Native Americans, would mean giving them back all the land that was illicitly taken (by force) by the Colonists. The INA wasn't about giving land back to Native Americans. It had to do with Native Americans given their land away to non-Native Americans. The INA was just trying to make sure that Native Americans weren't suckered into any shady deals going forward, not trying to rectify past injustices.

    23% picked this

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